This document is the Privacy Policy, and is incorporated into the Terms of Use by virtue of that document. This Privacy Policy describes the way that 365cups Pty Ltd (ACN 149 082 388) (“Operator”) collects, holds and discloses information about individuals. As this Privacy Policy is intended to be read with the relevant Terms of Use, any terms not herein defined shall have their respective meaning as defined in the relevant Terms of Use in which they appear.

Please note that this Privacy Policy must be accepted if you decide to use the Service as it forms part of the Agreement between you and the Operator.

The Operator confirms that it takes your privacy seriously and will only provide your personal information to the extent permitted under this policy.

The Operator may vary this Privacy Policy from time to time, and will post any amended or updated policy on the Site. Changes to this Privacy Policy are effective when they are posted on the Site regardless of whether you have actual notice of those changes.

The Operator recognises the importance of protecting the privacy of information collected about visitors and registered users of the Service and, in particular, information that is capable of identifying an individual (all of such information being “personal information”).

Information the Operator Collects

For the purpose of providing the Services, the Operator collects personal information, including:

name, dates of birth, email address, physical address and any other information you provide during registration with the Service;

information about third parties that also utilise the Services or do business with the Operator;

technical information, including business names and addresses, prices and items, and any other data relating to Venues, that are necessary in providing the Service;

information regarding any products or services ordered via the Service by Consumers;

any information disclosed by persons providing feedback or otherwise communicating with the Operator via any medium;

information related to payment of fees charged by the Operator for use of the Service, including credit card or bank details;

the IP Address of the network you are using;

the unique device identifier of the device you are using;

geo-location, where possible; and

any information provided by persons when registering or operating an Account or otherwise using the Service or the Site.

As the Operator does not allow person under the age of 18 to use the Service, it generally does not collect information relating to minors. Should such information be inadvertently collected by the Operator, the Operator will take measures to remove and/or destroy such information when the Operator becomes aware that such information has been collected.

Please note, if you do not provide the Operator with certain personal information which is required to provide the Service to you, it may affect your ability to use the Service.

As you know, the Operator only provides the Service to facilitate Consumers to purchase/sell goods/service from Venues. As such, the Operator is not responsible for the validity, completeness or accuracy of the information provided by Consumers or Venues. Thus, the Operator is under no duty or capacity to filter or monitor the personal information it collects, and collects personal information in the form as they are provided by the relevant person or entity.

The Operator recognises that the Service may allow you to remove or delete personal information from the Service, however, the Operator does not guarantee that you will always be able to remove or delete personal information, nor that any personal information provided by you can be recalled or altered and will be the absolute property of the Operator.

Use and Disclosure of Your Personal Information

The Operator uses your personal information for the purposes for which it was collected and related purposes, including to:

provide the Service to you, to manage an account for the Service, and to improve the Service;

provide you with information, if you tell us you want to receive it, about developments, events or other products and services that may interest you;

facilitate internal business operations, including to fulfil legal and accounting requirements;

create, improve or edit content on the Site;

billing related matters;

assist in any marketing and advertising related to the Operator’s business, including by providing or sharing your personal information with Venues and with partners or affiliates of the Operator;

investigate complaints;

monitor use of the Site;

provide support to Customers and Venues;

on a confidential basis to external service providers so that they can provide financial, administrative, IT or other services in connection with the operation of the Service or any other business of the Operator;

share with the Operator’s affiliates, agents and representatives for any of such purposes; and

do any other act reasonably connected to help fulfil the obligations as stated in this Privacy Policy and the Terms of Use.

By providing the Operator with your personal information, you consent to allow the Operator to contact you via any email address and/or mobile telephone number you have provided, and you consent to allowing the Operator to send any notices, including notices required by law, in lieu of communication by postal mail, to you using your email address and/or mobile telephone number. Other notices the Operator may send to you include notifications from other third parties that use the Service, updates about changes and features of the Service, and important news that may impact your use of the Service. These communications are considered directly related to your use of the Service, and may contain banners, ads or promotional material.

The Operator may also use your personal information in its dealings with third parties in the course of providing you with additional services related to the Service. When you purchase, register, or otherwise express interest in a product or service offered by a third party through the Service or sponsored on the Site, you consent to the Operator disclosing your personal information with those third parties. When you choose to participate in rewards programs, contests, discount offers, or other programs that involve third parties (where available), you authorize the Operator to share your personal information with those parties. Such third parties are authorized to use that personal information that is disclosed to them, in accordance with contracts between the Operator and third parties. In these cases, the Operator will only share the information reasonably needed to provide you with information about such rewards programs, contests, discount offers or other programs. Information that is shared with third parties is subject to the privacy policies of those third parties, which may differ from this Privacy Policy. You agree to bear all risks associated with sharing your information with any such third parties.

The Operator may also share your personal information or provide it to other third parties not expressly permitted under this Privacy Policy with your prior consent.

Except as otherwise described in this Privacy Policy, the Operator will not disclose personal information to any third party unless required to do so by law or if it believes that it is necessary to (a) comply with the law or aid any affiliates to comply with the law, (b) investigate, prevent, or take action regarding suspected or actual illegal activities, (c) enforce the Terms of Use, (d) investigate or resolve complaints involving the Operator giving rise to any civil liabilities, (e) to protect the security or integrity of the Site, (f) to aid any other Government agency in the investigation of matters or for the protection of the rights, property, or personal safety of the Operator, users of the Service or others.

The Operator notes that in the event it wishes to sell its business, including the Service or any part thereof, it may transfer all personal information that it collects to the purchaser of the business as a ‘business asset’. The Operator may also transfer or assign personal information in the course of corporate divestitures, mergers or dissolutions.

The Operator may from time to time implement a referral service to promote the Service or any business related to it. If you elect to use any referral-type service available on the Service or Site, you may be asked to provide a friend's name and email address or mobile phone number. In doing so, you warrant to the Operator that you have obtained your friend’s consent to you providing such information to us and to the Operator sending your friend an email or text message with an invitation to him or her to visit the site, containing an introductory offer and your details. The Operator stores this information for the sole purpose of sending this one-time email and tracking the success of the referral program. Any referred potential user may contact the Operator via any method of contact available on the Site, and request that the Operator remove this information. You agree to indemnify the Operator for all losses it incurs in resolving any claims against it that arose from acting upon the information you supply through its referral service in the way herein stated.

The Operator takes reasonable steps to hold information securely in electronic or physical form. We store information in access controlled premises or in electronic databases requiring logins and passwords.

You may request access at any time to personal information the Operator holds about you, though you may be required to pay a fee for access to such information. However, the Operator may refuse to provide access to any information you request if the National Privacy Principles allow the Operator to do so.

The Operator’s servers may automatically log information created by your use of the Service and/or Site. Such information may include your IP address, browser type, the referring domain, pages visited and search items.

The Operator may use a variety of services hosted by third parties to help provide the Service, such as mailing list services, survey services and server monitoring services. These services may collect information sent by your browser as part of a webpage request, such as cookies or your IP request. However, the Operator has no access to or control over such cookies or the information that these services collect; this Privacy Policy applies solely to information collected by the Operator.

Following termination or deactivation of your Account, the Operator may retain your information (including personal information) for a reasonable time for backup, archival, or audit purposes, or to maintain and improve the Service. Furthermore, the Operator may retain and use all information (including personal information) contained in your communications to other users of the Service.

There is always a risk involved in sending information through any channel over the Internet and you send information over the Internet entirely at your own risk. To the extent permitted by law, the Operator will not be responsible for any unauthorised access or use of this information. However, you can take steps to minimise this risk by keeping your Account details secret.

Contacting the Operator

If you have any questions about this policy or if you wish to request access to your personal information, please visit our website at www.365cups.com for contact information.